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Jones v. EG&G Defense Materials, Inc., ARB No. 97-129, ALJ No. 1995-CAA-3 (ARB Aug. 19, 1997)


U.S. Department of LaborAdministrative Review Board
200 Constitution Avenue, N.W.
Washington, D.C. 20210
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ARB CASE NO. 97-129
(ALJ CASE NO. 95-CAA-3)
DATE: August 19, 1997

In the Matter of:

STEVEN M. JONES,
    COMPLAINANT,

    v.

EG&G DEFENSE MATERIALS, INC.
    RESPONDENT.

BEFORE: THE ADMINISTRATIVE REVIEW BOARD

NOTICE OF REVIEW
AND
ORDER ESTABLISHING BRIEFING SCHEDULE
AND
ORDER REQUIRING SUBMISSION OF RECORD APPENDIX

   The Recommended Decision and Order issued on August 1, 1997 by the Administrative Law Judge (AL1) has been transmitted to the Board for review. The following briefing schedule is established in this case. Respondent may file an initial brief, not to exceed forty (40) double-spaced typed pages, on or before September 29, 1997. Complainant may file a reply brief -- not to exceed forty (40) double-spaced typed pages -on or before November 10, 1997. Respondent may file a rebuttal brief, exclusively responsive to the reply brief and not to exceed twenty (20) double-spaced typed pages, on or before December 1, 1997.

All pleadings are expected to conform to the page limitations and should be prepared in Courier 12 point, 10 character-per-inch type or larger, with minimum one inch left and right margins and minimum 1'/ inch top and bottom margins, printed on 8 by 11 inch paper.


[Page 2]

APPENDIX ORDER

   Due to the size of the record in this case, the following schedule for designation of an appendix of the record is hereby established. The Respondent shall prepare, file with the Board (one copy), and serve upon all other parties and intervenors (one copy each), an appendix of the record. The appendix of the record shall contain: (1) relevant docket entries in the proceeding before the Administrative Law Judge; (2) relevant portions of the transcript; and (3) any other parts of the record to which the Respondent wishes to direct the attention of the Board. The Respondent shall file the appendix at the time the rebuttal brief is due, as set out in the this Order Establishing Briefing Schedule.

   The parties are encouraged to agree as to the contents of the appendix. In the absence of agreement, the Respondent shall, at the time the initial brief is filed, serve a designation of the parts of the record which the Respondent intends to include in the appendix. If the Complainant deems it necessary to direct the attention of the Board to parts of the record not designated by the Respondent, the Complainant shall, at the time of filing Complainant's reply brief, serve upon Respondent a designation of those parts.

   The costs of the appendix shall be advanced and assessed as set out in Rule 30(b) of the Federal Rules of Appellate Procedures. The form of the appendix shall appropriately follow Rules 30(d) and (e) of the Federal Rules of Appellate Procedure.

   An original and four copies of all pleadings and briefs (excluding the designated appendix) shall be filed, to the attention of the undersigned, at:

    Administrative Review Board
    United States Department of Labor
    200 Constitution Avenue, N.W.
    Room S-4309
    Washington, DC 20210

FOR THE ADMINISTRATIVE REVIEW BOARD:

Gerald F. Krizan, Esq.
Executive Director

Telephone:(202) 219-4728
Facsimile :(202) 219-9315



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